---
kind: "section"
citation: "42 U.S.C. § 2000e–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2000e–1"
heading: "Exemption"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2000e-1"
units:
  - "Chapter 21 — Civil Rights"
  - "Subchapter VI — Equal Employment Opportunities"
---

# §2000e–1. Exemption

- (a) **Inapplicability of subchapter to certain aliens and employees of religious entities—** This subchapter shall not apply to an [employer](/usc/42/2000e.md?p=b) with respect to the employment of aliens outside any [State](/usc/42/2000e.md?p=i), or to a religious [corporation](/usc/42/2297h.md?p=2), association, educational institution, or society with respect to the employment of individuals of a particular [religion](/usc/42/2000e.md?p=j) to perform work connected with the carrying on by such [corporation](/usc/42/2297h.md?p=2), association, educational institution, or society of its activities.
- (b) **Compliance with statute as violative of foreign law—** It shall not be unlawful under section [2000e–2](/usc/42/2000e–2.md) or [2000e–3](/usc/42/2000e–3.md) of this title for an [employer](/usc/42/2000e.md?p=b) (or a [corporation](/usc/42/2297h.md?p=2) controlled by an [employer](/usc/42/2000e.md?p=b)), [labor organization](/usc/42/2000e.md?p=d), [employment agency](/usc/42/2000e.md?p=c), or joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to take any action otherwise prohibited by such section, with respect to an [employee](/usc/42/2000e.md?p=f) in a workplace in a foreign country if compliance with such section would cause such [employer](/usc/42/2000e.md?p=b) (or such [corporation](/usc/42/2297h.md?p=2)), such organization, such [agency](/usc/42/8262.md?p=1), or such committee to violate the law of the foreign country in which such workplace is located.
- (c) **Control of corporation incorporated in foreign country—**
  - (1) If an [employer](/usc/42/2000e.md?p=b) controls a [corporation](/usc/42/2297h.md?p=2) whose place of incorporation is a foreign country, any practice prohibited by section [2000e–2](/usc/42/2000e–2.md) or [2000e–3](/usc/42/2000e–3.md) of this title engaged in by such [corporation](/usc/42/2297h.md?p=2) shall be presumed to be engaged in by such [employer](/usc/42/2000e.md?p=b).
  - (2) Sections [2000e–2](/usc/42/2000e–2.md) and [2000e–3](/usc/42/2000e–3.md) of this title shall not apply with respect to the foreign operations of an [employer](/usc/42/2000e.md?p=b) that is a foreign [person](/usc/42/2000e.md?p=a) not controlled by an American [employer](/usc/42/2000e.md?p=b).
  - (3) For purposes of this subsection, the determination of whether an [employer](/usc/42/2000e.md?p=b) controls a [corporation](/usc/42/2297h.md?p=2) shall be based on—
    - (A) the interrelation of operations;
    - (B) the common management;
    - (C) the centralized control of labor relations; and
    - (D) the common ownership or financial control,

    of the [employer](/usc/42/2000e.md?p=b) and the [corporation](/usc/42/2297h.md?p=2).


## Source credit

(Pub. L. 88–352, title VII, § 702, July 2, 1964, 78 Stat. 255; Pub. L. 92–261, § 3, Mar. 24, 1972, 86 Stat. 103; Pub. L. 102–166, title I, § 109(b)(1), Nov. 21, 1991, 105 Stat. 1077.)

## Notes

### Editorial Notes

### Amendments

1991—Pub. L. 102–166 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

1972—Pub. L. 92–261 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities or to an educational institution with respect to the employment of individuals to perform work connected with the educational activities of such institution.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 1991 Amendment

Amendment by Pub. L. 102–166 inapplicable to conduct occurring before Nov. 21, 1991, see section 109(c) of Pub. L. 102–166, set out as a note under section 2000e of this title.